Customer Reviews

The Zoning of America: Euclid V. Ambler (Landmark Law Cases & American Society)

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This book is a blow-by-blow account of Euclid v. Ambler Realty, a 1926 case in which the Supreme Court upheld the constitutionality of zoning. Since Euclid is the first zoning case I discuss in my property class, I was naturally intrigued by this book- and it was everything I hoped for.

This book presents a picture of this case that differs a bit from the picture painted by the Supreme Court. The Court's opinion left me with the initial impression that counsel for Ambler attacked zoning generally; in fact, both sides made more fact-intensive arguments, focusing on the amount of harm done to the individual plaintiff.

Wolf also discusses background issues, such as the ideological alignment of the Court. The most liberal justices supported zoning and upheld Euclid's ordinance (as did Chief Justice Taft and other right-leaning swing justice), while the most conservative justices dissented. But the Court's opinion was written by Justice Sutherland, one of the Court's more conservative members. How come? Wolf looks at Sutherland's record and shows that Sutherland was less ideological than the other members of the conservative bloc- more of a Rehnquist than a Thomas, so to speak.

Finally, Wolf tells us the final story of the Ambler Realty property that Euclid sought to protect from industrial intrusion. During World War II, the federal government took over the Ambler Realty site for a aircraft factory, and the land has been used for industrial purposes ever since.

This is a wonderful book about the most important zoning case in the 20th Century, well ever really. It probably helps if you are an attorney, and a land use attorney at that, but it's a good read, well presented and interesting. The discussion of how the rehearing before the Supreme Court came about, the Bettman brief and the activities of the attorneys for the parties are all illuminating. A good read!